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What is a Request for Evidence?
April Perez • Jan 19, 2023
The most important thing to understand is that it is not a denial. A request for evidence can be issued for any type of petition that is filed with USCIS. The request for evidence is usually issued by the reviewing officer if a specific document is missing or if the officer does not believe that the evidence provided is sufficient to meet the requirements for the petition to be approved.
In the case of P1A visas for athletes, O visas, or EB1 visas an officer may state that more than one requirement requires additional evidence. The additional evidence being requested will vary since each officer will view the evidence through their own interpretation of the requirements. The additional evidence being submitted in response to the request for evidence must be submitted with a cover letter addressing the deficiencies that were pointed out by the officer, and the evidence provided must be submitted with the response cover letter as exhibits. Examples of possible additional evidence may be more background information on awards or prizes that the individual received, or additional information on past or future projects, or events that the applicant has or will participate in. The most important thing is to try to provide as much of the additional evidence that the officer is requesting so that the officer gets a better understanding of the evidence being provided for the requirements.
In some instances, an officer may have overlooked an important piece of evidence or several important pieces of evidence. This is important to point out in the response, and may warrant a request for supervisory review in the response from your attorney.
It is important to provide as much additional information being requested as possible since this is the last opportunity to prove to the officer that the individual qualifies for the type of visa they are applying for.
Once the response is received by USCIS, the estimate of time for a decision to be issued if the case was submitted for premium processing goes back to 15 business days from the time the response is received. If the case was not submitted under premium processing, then the estimate of time for a decision is based on the processing times on the USCIS website.
If a request for evidence is received for your case, it is important to work closely with your attorney to try and have your case approved.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
The EB-5 Immigrant Investor Visa Program has long stood as a beacon of opportunity for those seeking to establish roots in the United States. However, in recent years, its allure dimmed due to concerns surrounding integrity, program abuse, and uncertainties regarding its future. Yet, with the passage of the EB-5 Reform & Integrity Act of 2022 , the EB-5 program finds itself on the brink of a renaissance, once again capturing the attention of investors worldwide. For those unfamiliar, t he EB-5 program offers foreign investors and their families a pathway to permanent residency in the United States by investing a minimum amount in a qualifying U.S. business venture . This investment must create or preserve a certain number of jobs for American workers. Historically, the program has been popular among affluent individuals seeking not only residency but also the opportunity to contribute to the U.S. economy. However, in recent years, the program faced criticism and scrutiny due to allegations of fraud, abuse, and inefficiencies. Investors became wary, and the program's popularity waned. Prospective applicants were hesitant to commit significant funds to a program plagued by uncertainties and bureaucratic hurdles. Enter the 2022 EB-5 Reform and Integrity Act . This landmark legislation addresses many of the concerns that have plagued the program in recent years. Among its key provisions are increased investment thresholds, stricter oversight measures, and reforms aimed at promoting integrity and transparency within the program. One of the most significant changes introduced by the reform act is empowering the United States Citizenship and Immigration Services (USCIS) to more effectively monitor and investigate potential instances of fraud or abuse. Additionally, the act introduces measures to streamline the application process, reducing bureaucratic red tape and expediting the adjudication of EB-5 petitions, resulting in faster processing for legitimate investments. The passage of the 2022 EB-5 Reform and Integrity Act has injected new life into the EB-5 program, reigniting interest among investors and immigration stakeholders alike. With its enhanced integrity measures and streamlined processes, the program once again represents a compelling opportunity for those seeking to pursue the American dream. Already, we are witnessing a resurgence of interest in the EB-5 program from investors worldwide. Developers and regional centers are seizing the opportunity to capitalize on the renewed enthusiasm, presenting a diverse array of investment opportunities across various industries and regions. Moreover, the EB-5 program's revitalization holds significant implications for the U.S. economy. By attracting foreign investment, the program has the potential to create jobs, spur economic growth, and facilitate the development of communities in need. Furthermore, it underscores the United States' commitment to welcoming and harnessing the talents and resources of immigrant investors. The passage of the 2022 EB-5 Reform and Integrity Act marks a pivotal moment in the history of the EB-5 program. By addressing longstanding concerns and implementing comprehensive reforms, the act has restored confidence in the program and positioned it for a prosperous future. As investors and developers alike embrace the opportunities presented by the revitalized EB-5 program, we anticipate a resurgence in interest and activity, reaffirming the program's status as a cornerstone of American immigration policy and economic development. I encourage any prospective investors to meet with one of our skilled attorneys to discuss the possibility of securing permanent residency, and eventually citizenship, through a qualifying investment under the EB-5 Immigrant Investor Visa Program. We look forward to working with you!
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5